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Chapter 61, ANIMALS[HISTORY: Adopted by the Town Board of the Town of Stony Point 6-9-1976 by L.L. No. 1-1976. Amendments noted where applicable.]

GENERAL REFERENCESBirds -- See Ch. 70.Fees -- See Ch. A221.

§ 61-1. Purpose. This chapter is adopted to promote the health, safety and welfare of the residents of the Town of Stony Point.

§ 61-2. Definitions. [Amended 8-14-1984 by L.L. No. 6- 1984] As used in this chapter, the following terms shall have the meanings indicated:

PARCEL OF LAND -- A contiguous piece of real property owned by the same person or persons or by members of the same household. EN

§ 61-3. Dogs. [Amended 9-8-1976 by L.L. No. 2-1976; 8- 14-1984 by L.L. No. 6-1984] A. Title. This section shall be cited and may be referred to hereinafter as the "Dog Control Law of the Town of Stony Point." B. Legislative intent. It is the intention of the Town Board of the Town of Stony Point by the adoption of this section to preserve public peace and good order in the Town of Stony Point and to promote the public health, safety and welfare of its people by enforcing regulations and restrictions on the activities of dogs which are consistent with the rights and privileges of dog owners and the rights and privileges of other citizens of the Town of Stony Point. C. Definitions. For the purposes of this section, the following terms shall have the following meanings: AT LARGE -- Any dog that is unleashed and on property open to the public or is on private property, not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is: (1) A guide dog actually leading a blind person; (2) A police work dog in use for police work; or (3) Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land. DOG -- Any member of the species canis familiaris. DOG CONTROL OFFICER -- Any individual appointed by the Town of Stony Point to assist in the enforcement of this section. HARBOR -- To provide food or shelter to any dog. OWNER -- Any person, who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of parents or other head of household where the minor resides. Any person harboring a dog for a period of one week shall be deemed to be the owner of the dog for the purpose of enforcing this section. PERSON -- Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity. D. Licensing requirements. Each owner of a dog more than four months of age shall make application for a dog license in accordance with and pursuant to the provisions of Article 7,

§ 109 through 111, of the Agriculture and Markets Law of the State of New York. [Amended 3-9-2004 by L.L. No. 2-2004] E. Prohibitions. It shall be unlawful for any owner of a dog in the unincorporated areas of the Town of Stony Point to permit or allow such dog to engage in the following enumerated acts: (1) Running at large. It shall be unlawful for any owner of a dog within the limits of the Town of Stony Point to permit such dog, whether licensed or not, to be at large elsewhere than on the premises of the owner, or on the premises of another person without the knowledge and consent of such other person, unless such dog shall be on a leash or under the full and immediate control of a person in charge of said dog. (2) Nuisance. It shall be unlawful for any owner of a dog in the Town of Stony Point to permit or allow such dog to engage in habitual loud howling, barking or whining so as to create a public nuisance or create unreasonable noise disturbance across real property boundaries. (3) Dangerous dogs. (a) It shall be unlawful for any dog owner who knows or has reason to know of any dangerous and vicious propensities of said dog to permit the dog to run at large in the Town of Stony Point. (b) Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal to a dog control officer of the Town of Stony Point. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in

§ 61-3E (3) (c) and, if there is reason to believe the dog is a dangerous dog, the officer shall be empowered to forthwith commence such proceeding himself. (c) Any person may, and any dog control officer as provided in

§ 61-3C hereof may, make a complaint under oath or affirmation to any Municipal Judge or Justice of such attack, chasing or worrying. Thereupon the Judge or Justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any dog control officer or peace officer, directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the Judge or Justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, then order the owner of any dog, the control officer or peace officer to destroy the dog immediately or shall order the owner to confine securely such dog permanently or at such time as otherwise specified in the order. If the owner fails to destroy or confine the dog as required by such order, any dog control officer or peace officer shall destroy such dog on or off the premises of the owner. (d) Nothing contained herein shall restrict the rights and powers derived from the provisions of Title 4 of Article 21 of the Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto. (4) Additional prohibitions. (a) Interference with enforcement officer. It shall be unlawful for any person or persons to hinder, molest or interfere with any officer or agent of the township in the performance of any of the provisions of this section. (b) Violation of section. It shall be unlawful for any person to violate any provision of this section whether or not he has any knowledge of or intends any violation of said section. F. Impoundment. (1) The duly appointed dog control officer or any peace officer shall seize and impound any dog found at large in violation of this section. The dog control officer or peace officer shall deliver such dog to a pound or shelter or the Society for the Prevention of Cruelty to Animals and notify the Stony Point Town Clerk of the identity of the owner of the dog if the same can be established. If the dog's owner can be properly identified, then the dog shall be held and maintained for a period of 10 days for redemption or, if it cannot be properly identified, for a period of five days, thereafter it may be held and offered for adoption for an indefinite period or humanely destroyed at the discretion of the dog control officer. (2) The fact that a dog is without a current dog license tag attached to the dog's collar or harness as provided in Article 7,

§ 109, of the Agriculture and Markets Law shall be presumptive evidence that the dog is unlicensed. (3) Any person claiming a dog from the pound or shelter of the Society for the Prevention of Cruelty to Animals must produce a license for such dog and pay the cost of confinement. [Amended 6-8-1999 by L.L. No. 7-1999]

§ 61-3.1. Defecation on public property; conditions for curbing dogs. [Added 3-9-2004 by L.L. No. 2-2004] No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curb lines, which shall be used to curb such dog under the following conditions: A. The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the local health authority. B. The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this chapter in a sanitary manner approved by the local health authority. C. Any person walking, accompanying or having a dog in his custody, possession or charge shall have in his possession a device sufficient to remove feces deposited by such dog.

§ 61-4. Local dog license fees. [Added 2-8-1983 by L.L. No. 1-1983; amended 6-8-1999 by L.L. No. 7-1999] A local fee of up to $10 may be charged for each dog license issued by the Town Clerk, and said fee in the Town of Stony Point shall be $2.50. Such charge shall be added to the fee mandated by state law to be collected by the Town Clerk in connection with the issuance of such licenses.

§ 61-5. Penalties for offenses. [Amended 6-8-1999 by L.L. No. 7-1999; 3-9-2004 by L.L. No. 2-2004] Any violation of this chapter shall be punishable as follows: A. Up to $250 or by imprisonment not to exceed 15 days, or both, for the first offense. B. Up to $500 or by imprisonment not to exceed 15 days, or both, for the second offense. C. Up to $1,000 or by imprisonment not to exceed 15 days, or both, for a third and subsequent offense.

§ 61-6. Enforcement. [Added 3-9-2004 by L.L. No. 2-2004] A. This chapter shall be enforced by a Dog Control Officer, the Stony Point Police Department or anyone else who shall be appointed by the Town Board to serve at the will of the Town Board and shall be paid such compensation as duly fixed for such services plus expenses, not exceeding, however, the amounts set forth in the budget therefore. Such Dog Control Officer shall have all the powers of a constable or other peace officer in enforcing this chapter and the applicable provisions of the Agriculture and Markets Law. B. The Town Board may also enforce obedience to this chapter by injunction.